| JR Factors, Inc. v Astoria Equities, Inc. |
| Motion No: 2015-04077 |
| Slip Opinion No: 2016 NY Slip Op 62100(U) |
| Decided on January 22, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M205167
E/ct
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2015-04077 JR Factors, Inc., appellant-respondent, v Astoria Equities, Inc., et al., respondents- appellants. (Index No. 58519/11)
| DECISION & ORDER ON MOTION |
2015-05863, 2015-06674, 2015-06677,
2015-09760
JR Factors, Inc., appellant, v Astoria Equities,
Inc., et al., respondents.
(Index No. 58519/11)
Motion by JR Factors, Inc., to enlarge the time to perfect an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated April 20, 2015, and appeals from a judgment of the same court dated June 3, 2015, an order of the same court dated July 23, 2015, an amended trial decision of the same court dated July 23, 2015, and an amended judgment of the same court dated August 28, 2015, to consolidate the appeals, and for leave to proceed without a joint record or to direct the respondents-appellant/respondents to pay one-half the cost of the joint record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal and cross appeal from the decision, as well as the appeal from the amended trial decision are dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that on the Court's own motion, the appeal from the judgment is dismissed as the judgment was superseded by the amended judgment; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted to the extent that the time to perfect the appeals from the order and the amended judgment is enlarged until March 14, 2016; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary with respect to the appeals from the order and the amended judgment as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the motion is otherwise denied as academic.
BALKIN, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court